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The warrants place the Israeli prime minister and others among a small group of leaders accused of crimes against humanity
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The warrants place the Israeli prime minister and others among a small group of leaders accused of crimes against humanity

Arrest warrants issued for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and a Hamas leader put them among a small group of leaders to be charged with crimes against humanity.

The decision of the International Criminal Court to issue arrest warrants for putting the Israeli prime minister and a top Hamas official on a select group of leaders to be charged with crimes against humanity.

The court issued warrants Thursday for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, Yoav Gallant, and Mohammed Deif, a Hamas leader whom Israel claims killed.

A three-judge panel at the court said the warrants were based on “reasonable grounds” that Netanyahu and Gallant were responsible for a war crime and crimes against humanity in the Gaza Strip, where more than 44,000 people were reportedly killed and over 104,000. injured in 13 month war between Israel and Hamas.

Netanyahu condemned the mandate, saying Israel “rejects with disgust the absurd and false actions.”

The warrant against Deif said there was reason to believe he was involved in murder, rape, torture and hostage-taking amounting to war crimes and crimes against humanity for the militant group’s Oct. 7, 2023, attacks on Israel. About 1,200 people, mostly civilians, were killed in these attacks and another 250 they were kidnapped.

Hamas said it welcomed the warrants against Netanyahu and Gallant after what it called decades of injustice by a “fascist occupation.”

The Hamas statement did not refer to the mandate for Deif. Israel claims it killed him in an airstrike, but Hamas has never confirmed his death.

Here’s a closer look at the ICC and its allegations against Israeli leaders and Hamas:

The ICC is the permanent court of last resort, established in 2002 to prosecute individuals for war crimes, crimes against humanity, genocide and aggression.

The court’s 124 member states signed the treaty that created the court. Dozens of countries have not signed and do not accept the court’s jurisdiction. These include Israel, the United States, Russia and China.

The ICC gets involved when nations are unable or unwilling to prosecute crimes on their territory. Israel maintains that it has a functioning judicial system, and disputes over a nation’s ability or willingness to prosecute have fueled past disputes between the court and individual countries.

While the warrants could complicate travel abroad for Netanyahu and Gallant, they are unlikely to face judges in The Hague anytime soon. Member countries are required to detain suspects facing a warrant if they set foot on their soil, but the court has no way to enforce this.

ICC judges have issued about 60 arrest warrants and 21 people have been detained and appeared in court, according to its website. About 30 people remain at large. The court issued 11 convictions and four acquittals.

The court said there are reasonable grounds to believe that Netanyahu and Gallant, who was replaced earlier this month, bear responsibility as co-perpetrators of the war crime of starvation and crimes against humanity, including murder, persecution and other inhumane acts .

The court said that while it could not reach a conclusion on the crime against humanity of extermination, it said the charge of murder was supported by allegations that Gaza residents were deprived of basic goods such as food , water, electricity and medical supplies. This created conditions “calculated to cause the destruction of a part of the civilian population of Gaza”, which led to the death of children and others from malnutrition and dehydration.

The court also found that by preventing hospital supplies and medicine from entering Gaza, doctors were forced to operate and perform amputations without anesthesia or unsafe means of sedation which led to “great suffering”.

The court said it found two incidents where the evidence provided by the prosecution allowed it to find that the attacks were intentionally directed against civilians. He said there are reasonable grounds to believe that Netanyahu and Gallant failed to prevent these attacks.

While the arrest warrants are classified as secret to protect witnesses, the court said it released some information because the conduct that inspired the warrants appeared to be ongoing. He also said he wants the victims and their families to be notified of the warrants.

Deif, who had been the senior commander of Hamas’ military wing, allegedly ordered the October 7 attack and failed to prevent it.

The court declared that the mass slaughter of people in several Israeli settlements and an open-air concert constituted a crime against humanity and the crime of war. It also found that these attacks were classified as a war crime of intentionally directing attacks against civilians.

In addition, the judges found that allegations of sexual assault on captives and hostages – mostly women – provided reasonable grounds for crimes against humanity and war crimes of both torture and rape.

Last year, the court issued a warrant for the Russian president Vladimir Putin accused of being responsible for child abductions in Ukraine. Russia responded by issuing its own arrest warrants for Khan and the ICC judges.

The chances of Putin being tried at the ICC are very unlikely, as Moscow does not recognize the court’s jurisdiction, nor does it extradite its citizens.

Former Libyan leader Moammar Gadhafi was captured and killed by rebels shortly after the ICC issued an arrest warrant on charges related to the brutal crackdown on anti-government protests in 2011.

One of Africa’s most notorious warlords, Joseph Kony, received an arrest warrant from the ICC in 2005. As the leader of the Lord’s Resistance Army in northern Uganda, he faces 12 charges of crimes against humanity, including murder, sexual slavery and rape and 21 counts of war crimes. Despite an internationally supported manhunt and a $5 million reward, Kony remains at large.

Sudan’s former president Omar al-Bashir is wanted by the ICC on charges related to the Darfur conflict. Al-Bashir received arrest warrants in 2009.